Resignation of Elective Barangay Officials

     Resignation is defined as the act of giving up or the act of an officer by which he declines his office and renounces the further right to use it. To constitute a complete and operative act of resignation, the officer or employee mush show a clear intention to relinquish or surrender his position accompanied by the act of relinquishment. Resignation implies an expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office, and its acceptance by competent and lawful authority.

     Resignation of elective barangay officials shall be deemed effective upon acceptance by the city of municipal mayor concerned.

     Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities shall be furnished the Department of the Interior and Local Government (DILG).

     The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen working days from receipt thereof.

     Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records. This provision does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.

Permission to Leave of Absence

     Leave of absence of a Punong Barangay shall be approved by the city or municipal mayor, while leave of absence of sangguniang barangay members shall be approved by the Punong Barangay. Whenever the application for leave of absence is not acted upon within five (5) working days after receipt thereof, the application for leave of absence shall be deemed approved.

     Barangay appointed officials going on official travel shall apply and secure written permission from their respective Punong Barangays before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel. Should the Punong Barangay concerned fail to act upon such application within four (4) working days from receipt thereof, it shall be deemed approved.

     Barangay officials traveling abroad shall notify their respective Sanggunian. When the period of travel extends to more than three months, during periods of emergency or crisis or when the travel involves the use of Public funds, permission from the Office of the President shall be secured.

Duties and Functions of Barangay Treasurer

     The Barangay Treasurer shall:

1. Keep custody of barangay funds and properties.
2. Collect and issue official receipts ofr taxes, fees, contributions, monies, materials, and all other resources accruing to the barangay treasury and deposit the same in the account of the barangay as provided under Title Five Book II of the local Government Code;
3. Disburse funds in accordance with the financial procedures provided in the Local Government Code;
4. Submit to the Punong Barangay a statement covering the actual and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, subject to the provisions of Title Five, Book II of the Local Government code;
5. Render written accounting report of all barangay funds and property under his custody at the end of each calendar year, and ensure that such report shall be made available to the members of the barangay assembly and other government agencies concerned;
6. Certify as to the availability of funds whenever necessary;
7. Plan and attend to the rural postal circuit within his jurisdiction; and
8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Qualification of the Barangay Treasurer

    The Barangay Treasurer shall be appointed by the Punong Barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the Barangay Treasurer shall not be subject to attestation by the Civil Service Commission.

     The Barangay Treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay concerned

     No person shall be appointed Barangay Treasurer if he is a sangguniag barangay member, a government employee, or a relative of the Punong Barangay within the fourth civil degree of consanguinity or affinity.

     The Barangay Treasurer shall be bonded in accordance with existing laws in an amount to be determined by the sangguniang barangay but not exceeding Ten thousand pesos (10,000.00), premium for which shall be paid by the barangay.

How to fill permanent Vacancy in the Barangay

Permanent vacancy by Punong Barangay. If a permanent vacancy occurs in the office of the Punong Barangay, the highest ranking sanggunian barangay member or in case of his permanent inability, the second highest ranking sanggunian member, shall become the Punong Barangay.

Permanent vacancy in the Sanggunian. The city or municipal mayor fills the vacancy in the Sangguniang Barangay upon recommendation of the Sangguniang Barangay concerned.

Meaning of Permanent Vacancy

     A permanent vacancy in an elective position exists when an elective official:

1. Fills a higher vacant office;

2. Refuses to assume office;

3. Fails to qualify;

4. Dies or is removed from office; and

5. Voluntarily resigns or assumed another office whether by appointment, election or succession, or otherwise is permanently incapacitated to discharge the functions of his office.

Postponement or Failure of Election

     When, for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in any barangay, the Commission on Elections can postpone the election for such time as it may deem necessary.

Prohibitions During Barangay Election

Certain activities are prohibited during the barangay election period. The following are some of them:

1. Public works - The construction or maintenance of provincial, city, municipal and barangay-funded roads and bridges are prohibited for a period of ten days immediately preceding the date of the barangay election. (Sec. R.A. 6679).
2. Intoxicating Liquors - It is unlawful to sell, furnish, offer or take intoxicating liquors on the day of registration, on the day immediately preceding the election day and on election day, until the counting of votes shall have been finished.
3. Selling of merchandise - It is unlawful to open in any polling place or within a radius of 30 meters thereof, on the day of registration, on election day and during the counting of votes, booths or stalls of any kind for the sale, dispension or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purpose.
4. Gambling and Sports - It is unlawful to hold on the day of registration and on election day, cockfights, boxing, horse races, or any other similar sport.
5. Unlawful Electioneering - It is unlawful to solicit votes or undertake any propaganda on the day of registration and on the day of election, for or against any candidate within the polling place and within a radius of 30 meters thereof.
6. Deadly weapons - It is unlawful to carry deadly weapons in the polling place and within a radius of 100 meters thereof during the day and hours of registration, voting and canvass. In cases of affray, tumult or disorder, any peace of public officer authorized to supervise the election may carry firearms or any other weapons for the purpose of preserving and enforcing the law.

Voluntary Renunciation of Office

     No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.

Disqualifications of Elective Barangay Officials

The following persons are disqualified from running for any elective local position:

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment, within two years later after serving sentence;
2. Those removed from office as a result of an administrative case;
3. Those convicted by final judgment for violating the oath of allegiance to the Republic;
4. Those with dual citizenship;
5. Fugitives from justice in criminal or non-political cases here or abroad;
6. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of Local Government Code.
7. Those insane or feeble-minded.

Qualification of Elective Barangay Officials

1. An elective barangay official must be a citizen of the Philippines; a registered voter in the barangay where he/she intends to be elected; a resident therein for at least one year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
2. Candidates for the position of Punong Barangay or member of the Sangguniang Barangay must be at least eighteen years of age on election day.
3. Candidates for the sangguniang kabataan must be at least fiteen (15) years of age but not more than twenty-one (21) years of age on election day.

Duties and Functions of Barangay Secretary

The Barangay Secretary shall:

1. Keep custody of all records of the sangguniang barangay and the barangay assembly meetings;
2. Prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay assembly;
3. Prepare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay;
4. Assist in the preparation of all necessary forms for the conduct of barangay elections, initiative, referenda or plebiscites, in coordination with the Comelec;
5. Assist the municipal civil registrar in the registration of birth, deaths, and marriages;
6. Keep an updated record of all inhabitants of the barangay containing the following items of information: name, address, place and date of birth, sex civil status, citizenship, occupation, and such other items of information as may be prescribed y law or ordinances;
7. Submit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay; and
8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Qualification of a Barangay Secretary

1.  The Barangay Secretary shall be appointed by the Punong Barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the Barangay Secretary shall not be subject to attestation by the Civil Service Commission.
2. The Barangay Secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned.
3. No person shall be appointed Barangay Secretary if he is a sangguniang barangay member, a government employee, or a relative of the Punong Barangay within the fourth civil degree of consanguinity or affinity.

Model Resolution Adopting The Rules of Procedure of a Sangguniang Barangay

HEADING

Excerpts from the minutes of the Regular session of the Sangguniang Barangay of Barangay ____________ held at the session hall on ________________ at ___ o'clock in the morning/afternoon.

Present:

Resolution No. ___

Series of 20__

"RESOLUTION ADOPTING THE RULES OF PROCEDURE OF THE SANGGUNIANG BARANGAY OF ________________________."

WHEREAS, Pursuant to Section 390 of the Local Government Code, the Sangguniang Barangay shall be the legislative body of the barangay and shall be composed of the Punong Barangay as presiding officer, and the seven sangguniang barangay members and the chairman of the sangguniang kabataan as members: 

NOW THEREFORE, be it Resolved, that, in order to achieve a maximum degree of efficiency during the deliberations of the Sangguniang Barangay, the following rules of procedure as mandated by Section 50, of the Local Government Code, are hereby adopted:

Rule I. OFFICERS: POWERS AND DUTIES

Rule II. SESSIONS AND QUORUM

Rule III. ORDERS OF BUSINESS

Rule IV. PASSAGE OF ORDINANCE

Rule V. MINUTES

Rule VI. MOTIONS AND THEIR PRECEDENCE

Rule VII. VOTING

Rule VIII. DECORUM AND DEBATES

Rule IX. SUPPLEMENTARY RULE

     Section 1. Any Rule of Order or procedure being adopted by other parliamentary bodies not incompatible with the aforementioned rules may be resorted to and considered supplement to these.

Rule X. DATE OF EFFECTIVITY

          Section 1. These Rule of Procedure shall take effect on the date of their adoption and shall remain in force until repealed or amended.

   Attested by:                                                                       I hereby certify to the correctness of the 

                                                                                            above quoted resolution,

    _____________________                                             _____________________

     Punong Barangay                                                             Barangay Secretary

Concurred:

Kagawad                 Kagawad                      Kagawad                      Kagawad

Kagawad                 Kagawad                      Kagawad                      SK Chairman

Rule VIII. DECORUM AND DEBATES

Section 1. Whenever a member wishes to speak, he shall rise and request the Presiding Officer to allow him to have the floor which consent shall be necessary before he may proceed.

Section 2. When several members wish to have the floor, the Presiding Officer shall recognize the one who first made the request.

Section 3. No member shall interrupt another without the latter's consent, which may not be obtained except through the Chair.

Section 4. The Presiding Officer can volunteer information only when necessary. Before participating in the deliberation of any question before the Sanggunian, he should first surrender the Chair temporarily to some other member.

Section 5. If at any time, the Presiding Officer states a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the Presiding Officer has been first heard.

Section 6. No member shall walk out or across the session hall while the Presiding Officer is addressing the Sangguniang Barangay, or while the Sanggunian is engaged in voting.

Section 7. A member who has obtained the floor shall confine himself to the question before the Sanggunian and shall avoid personalities.

Section 8. No member shall claim the floor the second time if there are others who wish to speak the first time.

Section 9. Sangguniang Barangay members shall avoid drinking alcoholic liquors before and during recess of a session.

Section 10. Only a member who has the right to vote on the question has the right to participate in the debate.

Section 11. When a general debate has been ordered, only two speeches shall be allowed each member. The member sponsoring the measure may open and close the debate. 

Rule VII. VOTING

    Section 1. No motions except on the presence of a quorum shall be entertained during the voting.

    Section 2. Any member may explain his vote when voting for a debatable motion. When the motion is not debatable no other remarks will be entertained by the chair when a member cast his vote.

    Section 3. On a vote where the affirmative and negative are equal in numbers, the motion shall be declared lost.

    Section 4. If a tie has taken place, the Punong Barangay may, at his discretion, cast the deciding vote.

    Section 5. A two-thirds vote is required to pass any of the following motions:

         a. To limit, extend or close a debate.

         b. To amend any part of the adopted Rules.

         c. To suspend the Rules.

         d. To suspend or recommend the expulsion of any member for cause.

    Section 6. No member could be compelled to vote, he may however abstain.

    Section 7. The motion to reconsider can be made only by the member who voted on the prevailing side. Any member who abstained from voting shall have no right to ask for reconsideration.

    Section 8. No member can vote on a question in which he has a direct or personal pecuniary interest.

   

Rule V. MINUTES

Section 1. CONTENTS OF THE MINUTES. The Minutes must clearly show:

a. The date, place and time, of holding the meeting;

b. Whether regular or special and if special, a copy of the call for such meeting;

c. The names of members present and absen;

d. Whether the minutes of the preceding meeting were read and approve;

e. Every resolution in full;

f. If the resolution is not carried unanimously, a brief statement of the minority opinion; and

g. The original copies of the minutes must be signed by the members of the Sangguniang Barangay present in the meeting to show those who voted for or against the proposition.

Section 2. NUMBERING OF ORDINANCES AND RESOLUTIONS. Ordinances and resolution of the Sangguniang Barangay shall be numbered consecutively throughout the calendar year. The numbers of resolutions should be written on the right-hand margin, opposite the first line of the resolution, while the numbers of ordinances should be written in the center and immediately above the firs line of the ordinance. The number of the pages should be written in the middle of the top of the page.

Section 3. MANNER OF MAKING REFERENCE TO RESOLUTIONS OF THE SANGGUNIANG BAYAN. In the minutes of the Sangguniang barangay, reference to resolutions of the Sangguniang Bayan and executive orders of the Municipal Mayor received should be by date, number, and title or purpose, it not being necessary to copy them verbatim in the minutes. The resolutions of the Sangguniang Bayan received approving ordinances and resolutions of a Sangguniang barangay should be embodied in one resolution, while those requiring other action should each be made the subject of a separate resolution.

Rule VI. MOTIONS AND THEIR PRECEDENCE

Section 1. PRIVILEGE AND SUBSIDIARY MOTIONS. When a question is under debate, no motion shall be entertained, except the following and in the order in which they appear below:

a. Motion to adjourn

b. Motion to declare a recess

c. Motion to lay on the table (Postpone temporarily)

d. Motion to postpone to a certain day

e. Motion to refer to the corresponding committee.

f. Motion to amend the main motion

g. Motion to postpone indefinitely the consideration of any business

Section 2. QUESTION OF PRIVILEGE. Questions relating to the rights and privileges of the sangguniang Barangay or to any of its members, shall take precedence over all motions except motions relating to adjournment and recess. This may involved the following:

a. Those relating to the organization of the Sangguniang Barangay.

b. Those relating to the comfort of the members of the Sanggunian, like seating, lighting, ventilation and other inconveniences of the session hall.

c. Those relating to the freedom from noise and conduct of other persons inside the session hall.

d. Those relating to punishment of a member for disorderly conduct or other offense.

e. Those relating to the accuracy of published reports of proceedings, which may include clerical errors and legibility of a published report.

Section 3. INCIDENTAL MOTIONS. The following motions shall take precedence of any motion, to which they are incidental and must be decided before any other business is taken up.

a. Point of Order - Any Sangguniang Barangay Member may interrupt a speaker to bring to the attention of the Presiding Officer any matter involving an error in procedure or violation of the Rules. It shall be discretional on the Presiding Officer's part to submit to the Sanggunian for resolution any point of order which may be raised.

b. Parliamentary Inquiry - Any request for information is in order if they are pertinent to the pending question.

c. Withdraw a motion - A motion by the Sponsor requesting he removal of his main motion from the consideration of the Sanggunian shall be in order before its amendment and before a decision is had thereon.

d. Suspend the Rules - The rules shall be suspended when a motion presented to that effect is approved by two-thirds of the members present.

All the foregoing motions shall be undebatable and unamendable.